Terms Of Use

Please read these Terms carefully. By using picMatch or signing up for an account, you’re agreeing to these Terms. This is a legal agreement. We’ll start with the basics, including a few definitions that should help you understand this agreement. picMatch (“picMatch” or the “Service”) is an image monitoring service offered through the URL www.picmatch.ca (we’ll refer to it as the “Website”) that allows you to upload your images, in order to search for them, via search engines. picMatch , a Quebec, Canada federal corporation (“picMatch,” “we,” or “us”). picMatch has employees, independent contractors, and representatives (“our Team”). As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “Member” according to this agreement (or “you”).
These Terms of Use (“Terms,” including our Privacy Policy) define the terms and conditions under which you’re allowed to use picMatch, and how we’ll treat your account while you’re a Member. If you have any questions about our terms, feel free to contact us.

ACCOUNT

1. Eligibility
In order to use picMatch, you must:

be at least eighteen (18) years old and able to enter into contracts;

complete the registration process;

agree to the Terms; and

provide true, complete, and up to date contact information.

By using picMatch, you represent and warrant that you meet all the requirements listed above, and that you won’t use picMatch in a way that violates any laws or regulations. (Representing and warranting is like making a legally enforceable promise.) picMatch may refuse service, close accounts of any users, and change eligibility requirements at any time.
2. Term
The Term begins when you sign up for picMatch and continues as long as you use the Service. Clicking the button and entering your username means that you’ve officially “signed” the Terms. If you sign up for picMatch on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
3. Closing Your Account
You or picMatch may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. If we terminate your account without cause, we’ll refund a prorated portion of your monthly prepayment or reimburse you for unused credits. We won’t refund or reimburse you if there’s cause, like a violation of these Term. Once terminated, we may permanently delete your account and all the data associated with it, including your pictures and their matches from our system. If you don’t log in to your account for 12 or more months, we may treat your account as “inactive” and permanently delete the account and all the data associated with it.
4. Changes
We may change any of the Terms by posting revised Terms of Use on our Website and/or by sending an email to the last email address you gave us. Unless you terminate your account within ten (10) days, the new Terms will be effective immediately and apply to any continued or new use of picMatch. We may change the Website, the Service, or any features of the Service at any time.
5. Account and Password
You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.
6. Account Disputes
We don’t know the inner workings of your organization or the nature of your personal relationships, and we don’t arbitrate disputes over who owns an account. You won’t request access to or information about an account that’s not yours, and you’ll resolve any account-related disputes directly with the other party. We decide who owns an account based on the content of the emails in that account, and if multiple people or entities are identified in the content, then we’ll rely on the contact information listed for that account.

PAYMENT

7. Monthly Plans
Our charges for monthly plans are posted on our Website and may be changed from time to time. If any part of a month is included in the Term, then payment is due for the full month. Payments are due for any month on the same or closest date to the day you made your first monthly payment (the “Pay Date”).
8. Credit Cards
As long as you’re a Member or have an outstanding balance with us, you’ll provide us with valid credit card information and authorize us to deduct the monthly charges against that credit card. You’ll replace the information for any credit card that expires with information for a valid one. Anyone using a credit card represents and warrants that they are authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If we’re unable to process your credit card order, we’ll try to contact you by email and suspend your account until your payment can be processed.
9. Refunds
We’ll give you a refund for a prepaid month if we stop providing our Services to you for a reason that’s not laid out in these Terms. You won’t be entitled to a refund from us under any other circumstances. We may offer a refund if a Member applies for one based on the requirements posted on the Website.
10. Charges for Add-Ons
Some features are offered as add-ons to your picMatch account. If you add on a feature that has a charge, then you’ll be billed that additional amount with each billing cycle for as long as the add-on is active. Some add-ons, like TinEye searches, are intended for particular use cases and may have additional terms or restrictions (“Additional Terms.”) If you use an add-on in a way that violates these Terms or the Additional Terms, then we may terminate your account.
11. Billing Changes
We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.

RIGHTS

12. Proprietary Rights Owned by Us
You will respect our proprietary rights in the Website and the software used to provide picMatch (proprietary rights include patents, trademarks, service marks, trade secrets, and copyrights). You may only remove our logo from reports by using the system’s functionality designed for this purpose. That, is, if you subscribed to a plan that allows you to do so.
13. Proprietary Rights Owned by You
You represent and warrant that you either own or have permission to use all of the material in your account. You retain ownership of the materials that you upload to the Service. We may use or disclose your materials only as described in these Terms and our Privacy Policy.
14. Privacy Policy
We may use and disclose your information according to our Privacy Policy. Our Privacy Policy will be treated as part of these Terms.
15. Right to Review Pictures, Matches and Reports in your account
We may view, copy, and internally distribute content from your account to create algorithms and programs (“Tools”) that help us improve the system. For example, We study data internally to make our system smarter and create better experiences for Members.

RULES AND ABUSE

16. General Rules
You promise to follow these rules:

If you subscribe to the Pro Unlimited plan, you must be an individual, not a photography agency

If you violate any of these rules, then we may suspend or terminate your account.

LIABILITY

17. Limitation of Liability
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any downloads from the Website. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.
18. No Warranties
To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Since people use picMatch for a variety of reasons, we can’t guarantee that it will meet your specific needs.
19. Indemnity
You agree to indemnify and hold us and our Team harmless from any losses, including attorney fees that result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including attorney fees, that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.
20. Attorney Fees
If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.
21. Equitable Relief
If you violate these Terms then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.
22. Subpoena Fees
If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
23. Disclaimers
We and our Team aren’t responsible for the behavior of any advertisers, linked websites, or other Members.

FINE PRINT

24. Assignments
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
25. Choice of Law
The Province of Québec’s laws, except for conflict of laws rules, will apply to any dispute related to these Terms or the Service. Any dispute related to the Terms, the Privacy Policy, or the Service itself will be decided by the state and federal courts in Montréal, Québec, and each party will be subject to the jurisdiction of those courts.
26. Force Majeure
We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
27. Survivability
Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.
28. Severability
If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.
29. Interpretation
The headers and sidebar text are provided only to make this agreement easier to read and understand. The fact that we wrote these Terms won’t affect the way this Agreement is interpreted.
30. Amendments and Waiver
Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.
31. No Changes in Terms at Request of Member
Because we have so many Members, we can’t change these Terms for any one Member or group.
32. Further Actions
You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.
33. Notification of Security Breach
In the event of a security breach that may affect you, we’ll notify you of the breach and provide a description of what happened.
34. Notices
Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Attn. Legal Department, picMatch inc., 521 Saint-Christophe St., Montréal, QC, Canada, H2L 5E4, or any addresses as we may later post on the Website.
35. Entire Agreement
These Terms, and our Privacy Policy (all of which are incorporated into these Terms by reference), and any additional terms you’ve agreed to by turning on specific features (“Additional Terms”) make up the entire agreement and supersede all prior agreements, representations, and understandings. Any Additional Terms will be considered incorporated into these Terms when you activate the feature.
Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control.
Congratulations! You’ve reached the end. Thanks for taking the time to learn about picMatch’s policies.

Version: 1

Date: 2016-09-14

Privacy Policy

Thanks for using picMatch. This policy explains the what, how, and why of the information we collect when you use our Services. It also explains the specific ways we use and disclose that information. We take your privacy extremely seriously, and we never sell lists or email addresses.

THE BASICS

1. Definitions
We’ll start by getting a few definitions out of the way that should help you understand this policy. When we say “we,” “us,” and “picMatch,” we’re referring to picMatch inc., a Canadian, federally incorporated corporation. We provide online platforms that you may use to search for and monitor usage of your pictures online (the “Services”). When we say “you” or “Member,” we’re referring to the person or entity that’s registered with us to use the Services.
We offer the Services on our website http://www.picmatch.ca. While providing the Services, we may collect Personal Information, which means information about a Member or Subscriber.
2. Changes
If there are any material changes to this Privacy Policy, we’ll post them on the Website and send them to the last email address you gave us. Any changes will be effective as of the date we post them on the Website or send the email (whichever date is later). You may object to any changes within 20 days after they’re posted on our Website or delivered to you, in which case none of the proposed changes will be effective with respect to information that we’ve already collected from you, but will apply only to information we collect in the future. We won’t treat information of any open account differently from any other open account. If you object to changes in our Privacy Policy, we’ll have to terminate your account.
3. Scope
This Privacy Policy is effective with respect to any data that we’ve collected, or collect, about and/or from you, according to our Terms of Use.
4. Questions & Concerns
If you have any questions or comments, or if you want to update, delete, or change any Personal Information we hold, or you have a concern about the way in which we have handled any privacy matter please use our contact form to get in touch. You may also contact us by postal mail or email at:

YOUR INFORMATION

5. Information We Collect

Information You Provide to Us: When you use the Services, consult with our customer service team, send us an email, post on our blog, or communicate with us in any way, you’re giving us information that we collect. That information may include your IP address, name, physical address, email address, phone number, credit card information, operating system, as well as details like gender, occupation, location, birth date, purchase history, and other demographic information. By giving us this information, you consent to your information being collected, used, disclosed, transferred to the Canada and the United States and stored by us, as described in our Terms of Use and Privacy Policy.

Information from your Use of the Service: We may get information about how and when you use the Services, store it in log files associated with your account, and link it to other information we collect about you. This information may include, for example, your IP address, time, date, browser used, and actions you’ve taken within the application.

Cookies and Tracking: When you use picMatch, we may store “cookies,” “tags,” or “scripts,” which are strings of code, on your computer. We and our analytics Service Providers (like Google) use those cookies to collect information about your visit and your use of our Website or Services. You may turn off cookies that have been placed on your computer by following the instructions on your browser, but if you block cookies, it may be more difficult (and maybe even impossible) to use some aspects of the Services.

Web Beacons: When we send emails to Members, we may track behavior such as who opened the emails and who clicked the links. We do that to measure the performance of our email campaigns and to improve our features for specific segments of Members. To do this, we include single pixel gifs, also called web beacons, in emails we send. Web beacons allow us to collect information about when you open the email, your IP address, your browser or email client type, and other similar details. Reports are also available to us when we send email to you, so we may collect and review that information.

Information from the use of our Mobile Apps: When you use our mobile apps, we may collect information about the type of device and operating system you use. We may ask you if you want to receive push notifications about activity in your account. If you opt in to these notifications and no longer want to receive them, you may turn them off through your operating system. We don’t access or track any location-based information from your mobile device unless you’ve given us permission. We may use mobile analytics software (like google analytics and application insights) to help us better understand how people use our application. We may collect information about how often you use the application and other performance data. We don’t collect or link that data with any personally identifiable information.

Use and Disclosure of Your Personal Information
We may use and disclose your Personal Information only as follows:

To promote use of our Services. For example, if you leave your Personal Information when you visit our Website and don’t sign up for any of the Services, we may send you an email asking if you want to sign up. And if you use any of our Services and we think you might benefit from using another Service we offer, we may send you an email about it. You can stop receiving our promotional emails by following the unsubscribe instructions included in every email we send.

To send you informational and promotional content that you may choose (or “opt in”) to receive. You can stop receiving our promotional emails by following the unsubscribe instructions included in every email.

To bill and collect money owed to us. This includes sending you emails, invoices, receipts, notices of delinquency, and alerting you if we need a different credit card number. We use third parties for secure credit card transaction processing, and we send billing information to those third parties to process your orders and credit card payments. To learn more about the steps we take to safeguard that data, see Section 12 below.

To send you System Alert Messages. For example, we may let you know about temporary or permanent changes to our Services, like planned outages, new features, version updates, releases, abuse warnings, and changes to our Privacy Policy. You will also receive communications when new matches are found, when a picture import is complete, or other subjects.

To communicate with you about your account and provide customer support.

To enforce compliance with our Terms of Use and applicable law. This may include developing tools and algorithms that help us prevent violations.

To protect the rights and safety of our Members and third parties, as well as our own.

To provide information to representatives and advisors, like attorneys and accountants, to help us comply with legal, accounting, or security requirements.

To prosecute and defend a court, arbitration, or similar legal proceeding.

To provide, support, and improve the Services we offer. This includes aggregating information from your use of the Services and sharing such Aggregated Information with third parties.

To provide suggestions to you. This includes adding features that compare Members’ email campaigns, or using data to suggest other publishers your Subscribers may be interested in.

To transfer your information in the case of a sale, merger, consolidation, liquidation, reorganization, or acquisition. In that event, any acquirer will be subject to our obligations under this Privacy Policy, including your rights to access and choice. We’ll notify you of the change either by sending you an email or posting a notice on our Website.

7. Data Collected for and by our Users.As you use our Services, you may import into our system, personal information, including your pictures. We do not care if you own the copyright to those images or not. You are responsible to obtain any required permission to use the pictures you upload to our system. We may transfer personal information to companies that help us provide our Services (“Service Providers.”) All Service Providers enter into a contract with us that protects personal data and restricts their use of any personal data in line with this policy. As part of our Services, we may use and incorporate into features information you’ve provided or we’ve collected about Subscribers as Aggregate Information. We may share this Aggregate Information, including Subscriber email addresses, with third parties in line with the approved uses in Section 6.
We’ll retain personal data we process on behalf of our Members for as long as needed to provide services to our Members or to comply with our legal obligations, resolve disputes, prevent abuse, and enforce our agreements.
8. Public Information and Third Parties

Blog. We have public blogs on our Websites. Any information you include in a comment on our blog may be read, collected, and used by anyone. If your Personal Information appears on our blogs and you want it removed, contact us here. If we’re unable to remove your information, we’ll let you know why.

Social Media Platforms and Widgets. Our Websites include social media features, like the Facebook Like button. These features may collect information about your IP address and which page you’re visiting on our site, and they may set a cookie to make sure the feature functions properly. Social media features and widgets are either hosted by a third party or hosted directly on our site. We also maintain presences on social media platforms like Facebook, Twitter, and Instagram. Any information, communications, or materials you submit to us via a social media platform is done at your own risk without any expectation of privacy. We cannot control the actions of other users of these platforms or the actions of the platforms themselves. Your interactions with those features and platforms are governed by the privacy policies of the companies that provide them.

Links to Third-Party Sites. Our Websites include links to other websites, whose privacy practices may be different from picMatch’s. If you submit Personal Information to any of those sites, your information is governed by their privacy policies. We encourage you to read carefully the privacy policy of any Website you visit.

Service Providers. If it’s necessary to provide you something you’ve requested, like send you a T-shirt or enable a feature like Social Profiles, then we may share your personal information to a Service Provider for that purpose. We’ll tell you we’re working with a Service Provider whenever reasonably possible, and you may request at any time the name of our Service Providers.

Contest and Sweepstakes
We may, from time to time, offer surveys, contests, sweepstakes, or other promotions on our Websites or through social media (collectively “Our Promotions”). Participation in our Promotions is completely voluntary. Information requested for entry may include personal contact information like your name, address, date of birth, phone number, email address, username, and similar details. We use the information you provide to administer Our Promotions. We also may, unless prohibited by the Promotion’s rules or law, use the information provided to communicate with you, or other people you select, about our Services. We may share this information with our affiliates and other organizations or Service Providers in line with this policy and the rules posted for the Promotion.

Content of Email Campaigns
When you send an email marketing campaign, it bounces around from server to server as it crosses the Internet. Along the way, server administrators can read what you send. Email wasn’t built for confidential information. If you have something confidential to send, please don’t use picMatch.
Sometimes we review the content of our Members’ email campaigns to make sure they comply with our Terms of Use. To improve that process, we have software that helps us find email campaigns that may violate our Terms. Our employees or independent contractors may review those particular email campaigns. This benefits all Members who comply with our Terms of Use because, among other things, it reduces the amount of spam being sent through our servers and helps to maintain high deliverability.

YOUR PICTURES

11. Your Pictures
Your Pictures are stored on a highly secure private storage server, hosted by a highly trustable third party service provider (Microsoft). We don’t, under any circumstances, sell your Pictures or data about your pictures, this includes statistics about matches found.
When you upload your pictures to your account, we store only small versions of the images, resized to a minimum usable size for our system to use.
We will not use or disclose your pictures to anyone.
We may derive Aggregate Information from your Pictures, their related matches to provide statistics helpful to us.

SECURITY

12. Notice of Breach of Security
Nobody is safe from hackers. If a security breach causes an unauthorized intrusion into our system that materially affects you or people on your Distribution Lists, then picMatch will notify you as soon as possible and later report the action we took in response.
13. Safeguarding Your Information
Our credit card processing vendor uses security measures to protect your information both during the transaction and after it’s complete. Our vendor is certified as compliant with card association security initiatives, like the Visa Cardholder Information Security and Compliance (CISP), MasterCard® (SDP), and Discovery Information Security and Compliance (DISC). We also perform annual SOC II audits. If you have any questions about the security of your personal information, you may contact us at privacy@picmatch.ca.
picMatch accounts require a username and password to log in. You must keep your username and password secure, and never disclose it to a third party. Account passwords are encrypted, which means we can’t see your passwords. We can’t resend forgotten passwords either. We’ll only reset them.

COMPLIANCE

14. We Operate in the United States
Our servers and offices are located in the United States, so your information may be transferred to, stored, or processed in the United States. While the data protection, privacy, and other laws of the United States might not be as comprehensive as those in your country, we take many steps to protect your privacy, including offering a data processing agreement. By using our Websites, you understand and consent to the collection, storage, processing, and transfer of your information to our facilities in the United States and those third parties with whom we share it as described in this policy.
15. Data Transfers from your country, to the United States and Canada
picMatch has certified our compliance with the U.S.–E.U. and U.S.–Swiss Safe Harbor Framework. In light of a recent European Court of Justice ruling, we no longer rely on the Safe Harbor Framework to justify the transfer of the personal data of European and Swiss residents to the United States. Instead Members located in the EU or Switzerland must request our updated data processing agreement which incorporates the Standard Contractual Clauses here.
16. Members located in Australia
If you are a Member who lives in Australia then this section applies to you. We are subject to the operation of the Privacy Act 1988 (“Australian Privacy Act”). We have some specific points to make you aware of.
Where we say we assume an obligation about Personal Information then we are also requiring our subcontractors to undertake a similar obligation, where relevant.
We will not use or disclose personal information for the purpose of our direct marketing to you unless: you have consented to receive direct marketing; you would reasonably expect us to use your personal details for the marketing; or we believe you may be interested in the material but it is impractical for us to obtain your consent. You may opt out of any marketing materials we send to you through an unsubscribe mechanism or by contacting us directly. If you have requested not to receive further direct marketing messages, we may nevertheless continue to provide you with messages that are not regarded as “direct marketing” under the Australian Privacy Act, including changes to our terms, system alerts and other information related to your account.
Our servers are primarily located in the United States and Canada. In addition, we, or our subcontractors, may utilize cloud technology to store or process personal information, which may result in storage of data outside of Canada. It is not practicable for us to specify in advance which country will have jurisdiction over such off-shore activities. All of our subcontractors, however, are required to comply with the Canadian Privacy Act in relation to the transfer or storage of Personal Information overseas.
If you think the information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, we will take reasonable steps, consistent with our obligations under the Canadian Privacy Act, to correct that information if you so request.
If you are unsatisfied with our response to a privacy matter, then you may consult either an independent advisor or contact the Office of the Canadian Information Commissioner for additional help. We will provide our full cooperation if you pursue this course of action.
17. Accuracy of Data, Transparency, and Choice
We do our best to keep your data accurate and up to date, to the extent that you provide us with the information we need to do that. If your data changes (like a new email address), then you’re responsible for notifying us of those changes.
We’ll retain your information for as long as your account is active or as long as needed to provide you services. We may also retain and use your information in order to comply with our legal obligations, resolve disputes, prevent abuse, and enforce our Agreements.
We’ll give an individual, access to any Personal Information we hold about them within 30 days of any request for that information. Individuals may request this information from us by contacting us here. Unless it’s prohibited by law, we’ll remove any Personal Information about an individual, be it you or a Subscriber, from our servers at their request. There is no charge for an individual to access or update his or her personal information.
18. Do Not Track Disclosure
“Do Not Track” is a standard that’s currently under development. Because it’s not yet finalized, picMatch adheres to the standards in this policy and does not monitor or follow any Do Not Track browser requests. That said, some of our features may.
19. Enforcement
We regularly review our compliance with this Privacy Policy. If we receive a written complaint, we’ll respond to the person who made it. You may contact our Privacy Officer at privacy@picmatch.ca or by postal mail at our address listed above.

Thanks for taking the time to learn about picMatch’s Privacy Policy, and thanks for trusting us to handle your pictures and private information.